Break Clause or Not a Break Clause

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M
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I am a LL and also currently a tenant. I am leasing a property on an AST for a 12 month term for which I also requested a 6 month break clause.

What I actually got was an addendum in the First Schedule which states that "It has been agreed that either party may give two months written notice to terminate provided that an initial 6 months has already been served."

Am I wrong to interpret this in this respect:

I can give 2 months notice at the 4 month point, because I will then have already served 6 months notice at the point which I vacate the property? Or give notice at 4 months and 1 day then I will have definitely already served 6 months at the end?

It seems that the LA has submitted this clause with the intention that I will have to stay for a minimum of 8 months, which wasn't what was actually agreed verbally.

The reason why I am trying to leave is due to a change to the parking regulations within the complex which means that I can no longer park two vehicles unless I take the risk of being fined by an independent parking company who now administrate the complex car park.

Indeed, could the change to the parking terms provide due cause for a break in the lease? The property was never advertised as having parking for only one vehicle.

I am very interested to hear members views on this.
This member has been thanked by 1 member for this post.
01/11/2013 11:07

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